Many cannabis business owners wonder how to legally purchase cannabis seeds in the U.S. and beyond. Find your answers here at FindLaw. Although an increasing number of states are relaxing restrictions on growing cannabis at home, Washington is not one of them, as of press time. Navigating the cannabis seed market can be tricky from a legal perspective. Get the answer to your top questions about buying cannabis seeds today.
How to Legally Purchase Cannabis Seeds in the United States
Thinking about starting your own cannabusiness? You are not alone. From CBD to medical marijuana to edibles, legal cannabis has become one of the fastest-growing industries in the United States, with few signs of slowing down any time soon.
If your business will include cannabis growing or cultivation, then you are probably wondering how to get your hands on weed seeds. legally. Before taking that step, though, make sure your business has the necessary license to operate legally in your state.
First and Foremost: Know Your State Laws
State law governs if and how you can operate your cannabis growing business, and each state takes a slightly different approach. Your state may offer a large number of permits with few prerequisites, a small number of permits with an extensive application process, or something in between.
Here are a couple of other factors to keep in mind about the legality of cannabis seeds:
- State law treats growing marijuana for selling purposes differently from growing marijuana for personal use. Your state may allow you to grow a limited number of cannabis plants for personal use without a license. For example, Colorado residents over age 21 can grow up to six plants, with as many as three plants flowering at one time.
- Cannabis seeds can often be purchased legally for uses other than growing marijuana such as fishing bait, bird food, and preservation. The government recognizes that cannabis seeds have other uses beyond just growing more marijuana.
In addition to studying your state’s regulations, you should also join local cannabusiness groups and meet with a local cannabis business attorney for assistance. There is no such thing as going into the marijuana business too prepared. Once you are ready to take the step of legally buying cannabis seeds, you have a few options to choose from.
It’s Best to Shop Local, but Buying Online Is an Option
If you live in a state that permits the sale of marijuana seeds, your best bet is to shop locally for high-quality seeds. This means visiting a dispensary, local farmers market, or seed company in your state to make your purchase. There, you can get the in-person help you need to make your purchase legally.
It is also an option to buy cannabis seeds online from an online seed bank and then have the seeds shipped to you, so long as you are abiding by state law. The risk here is that your package could still be confiscated. While it is unlikely that you would face criminal charges, there is no guarantee because of the way federal law treats marijuana products.
Can I Buy Cannabis Seeds in Other States or Countries?
You shouldn’t have any trouble buying cannabis seeds in another state or country if it’s legal there. It’s bringing the seeds back to your home state that can get you into trouble.
In the United States, cannabis seeds cannot cross state lines because marijuana products are still illegal under federal law. Though rare, transporting the products across state lines could result in federal criminal charges. This is true even if you are purchasing cannabis seeds in a state that authorizes it and entering a state that also authorizes it.
The same is true for buying cannabis seeds in another country. It may sound like a great idea to buy cannabis seeds while visiting one of the world-renowned marijuana seed banks that exist in places such as the Netherlands or the United Kingdom. But when you re-enter the U.S. with your goods, Customs and Border Protection will seize any seeds they find, even if your plane landed in a state where they are legal. Again, it goes back to marijuana being illegal under federal law.
How Much Do Cannabis Seeds Cost?
How much you will pay for cannabis seeds depends on the strain of marijuana you buy. Typically, a pack of 10 or 12 seeds starts at around $40. You can expect to pay up to $500 for high-end strains. Again, it is important to only buy cannabis seeds from a legal and reputable seed bank or dispensary — and only if you know you are abiding by state law.
Legal Help for Cannabusiness Entrepreneurs
Cannabis law is an ever-evolving tangle of state and federal regulations that often contradict one another. Additionally, the cannabis industry is very new, and still illegal under federal law. For these reasons, it’s important to seek the advice of a business attorney well-versed in cannabis law so that your venture starts out on the right track and you avoid legal problems.
Can you buy cannabis seeds?
Although an increasing number of states are relaxing restrictions on growing cannabis at home, Washington is not one of them, as of press time.
While a bill that would allow adults 21 years and older to grow recreational-use cannabis at home has been introduced in the Washington state Legislature, currently the only legal exception for home growing is medical. If you have a Washington medical marijuana card, you can grow a small number of plants without registering, and up to 15 if registered.
If that’s the case, and you’re ready to start planting, where can you find seeds?
The short answer? It’s complicated. Even if you live in California, where it is legal for adults to grow cannabis at home, and you purchase seeds from a California-based seed bank, your package can still be confiscated if mailed.
In fact, you could get in more trouble for buying seeds from within the U.S. than from overseas, which is why the majority of reputable seed banks are in Europe.
How to buy seeds
Even though the United States is one of the world’s most progressive countries in terms of cannabis legalization, the herb remains federally illegal. For this reason, it might be best to get your seeds from a friend or buy directly from a licensed shop. However, in these cases, you’ll have limited options that may not be suited to how and what type of cannabis you want to grow.
For more variety you can buy seeds online, although there are risks. Consider having them shipped to a state where growing marijuana at home is legal. That way, if your package gets intercepted, it’s unlikely you will face legal consequences. But you may still face legal jeopardy if you have to cross state lines to bring them home.
You should also make your purchase from a reputable seed bank capable of shipping to numerous states that understands the need for discretion. If the seeds are confiscated, most firms will either send a new package for free or refund your money.
Where to buy seeds
One of the more trustworthy sellers in the United States is I Love Growing Marijuana. Its website features information about growing, what types of seeds you’ll need and more. The website and store are run by Robert Bergman, an expert cultivator, and provides free shipping to customers in the United States and Europe.
Other online marijuana seed sellers in the U.S. may use incorrect labels when shipping, with terms like “luxury bird food” or “fishing bait additives.” Stores also may sell seeds as “collector items” or “additives.”
Another site worth exploring is the Royal Seed Bank from Canada. This site breaks everything down by the legality of each U.S. state and provides a variety of options.
Since most seed banks that offer cannabis seeds source them from seed banks in European countries, you may want to search there too.
Cannabis seeds are not illegal in the European Union, and technically it’s not illegal to purchase seeds from another country. The Single Convention on Narcotic Drugs, a 1962 framework for marijuana legalization, is an international treaty signed by 180 countries stating that marijuana is classified as an illegal substance, but it says nothing about seeds.
Therefore, since international law takes precedence over a country’s own laws, cannabis seeds are technically legal in all 180 countries. However, when a product enters a European country, it becomes subject to that nation’s laws, which means it’s not easy to purchase seeds. For example, here is a look at cannabis seed laws in a few major European nations:
Germany: Seeds do not fall under the German Narcotics Act, so they are technically legal to purchase. Germany has prohibited the sale of cannabis seeds nationwide, but since the country is subject to the EU’s free movement of goods, having seeds sent to Germany is fine.
United Kingdom: At present, the UK allows for the purchase, sale, or trade of cannabis seeds whether you purchase them domestically or from another European nation.
Netherlands: Despite the nation’s relaxed attitude towards marijuana, it is still illegal to possess or purchase. However, you should have no issue purchasing cannabis seeds from a Dutch-based seed company.
Spain: Spain has a similarly lenient policy as the UK. Residents can buy and sell seeds if they are for personal use in private areas.
What to buy
There are three distinct types of cannabis seeds.
Regular seeds come from one female and one male parent and there’s a 50/50 chance that the plant will be the feminized version that will produce buds. However, you have no control of the plant’s gender and there’s always a chance you’ll waste weeks growing, only to learn a male plant will not yield what you’re seeking.
Feminized seeds have no male chromosomes and are guaranteed to provide resinous bud.
Autoflowering seeds are your best option if you want to grow indoors. These seeds have genetics which evolved in northern Eurasia, which makes them strong and sturdy. They are also mixed with cannabis ruderalis, a plant known for its ability to grow in harsh weather conditions.
One of the biggest advantages of autoflowering seeds is their ability to produce a minimum of two outdoor crops. When you grow them indoors, however, you can produce four or five crops a year, and certain strains can become mature in as little as 10 weeks. They are heavily resistant to mold and pests and produce a higher yield when exposed to powerful light sources.
You can learn more about the different types of seeds, strains, and how best to grow them on most seed bank websites along with any applicable local laws. Do your research, and keep in mind how, where, what and when you want to grow before making a purchase.
Always buy from a reputable seed bank. The last thing you want is to buy what you think are feminized seeds, only to discover that they are regular seeds only capable of producing male plants.
How much you will pay for seeds depends on the strain you buy. Typically, a pack of 10-12 seeds can be as low as $40 but expect to pay up to $500 for high-end strains.
You can purchase seeds within most states where growing cannabis is legal, but the issue is still complicated by the fact that the plant is federally illegal.
In the United States, cannabis seeds cannot cross state lines. Though rare, transporting the products across state lines could result in federal charges. This is true even if you are purchasing cannabis seeds in a state that authorizes it and are entering a state that also authorizes it.
For that reason, you may want to seek the advice of an attorney well-versed in cannabis law to make sure you are protected when buying seeds.
Kate A. Miner has a degree in visual anthropology, and has worked in marketing and advertising for many years. She writes, takes photos and teaches yoga.
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A guide to buying cannabis seeds
The first couple months of the year is a great time to start planning your cannabis garden to get a head start on the outdoor growing season, which roughly runs from March to November, depending on where you live.
Navigating the cannabis seed market can be challenging when states have different degrees of legality. This guide will answer your questions on buying seeds so you can be on your way to growing your own cannabis.
Is it legal to buy marijuana seeds?
Marijuana seeds are considered a cannabis product just like flower, edibles, and concentrates. Their legality depends on which state you live in. People living in states with adult-use legalization can buy, produce, and sell seeds within their own state, but seeds can’t cross state lines. People living in states with medical marijuana legalization can only buy seeds if they have a medical card.
Seed banks exist outside of the US and can sell them for “souvenir purposes,” but it is illegal to bring seeds into the US and Customs will seize any cannabis seeds they find in packages or on a person.
An update on laws that affect buying weed seeds
In April 2022, the DEA released a letter clarifying the legality of cannabis seeds. A lawyer wrote the DEA, arguing that because a cannabis seed itself contains less than 0.3% THC, they should be considered hemp, which was legalized in 2018.
The lawyer’s argument was that the material itself—the seed—was less than 0.3% THC, whereas the law has always considered weed seeds illegal because they will turn into a cannabis plant that will have more than 0.3% THC.
The DEA wrote back to the lawyer agreeing, and saying that if a marijuana seed contains less than 0.3% THC, it is not a controlled substance.
However, the letter from the DEA is an “official determination” and not law. The legality of buying and transporting cannabis seeds across state lines is still murky, but the DEA’s position does pave the way for more relaxed laws on weed seeds.
Where can I buy cannabis seeds?
Many world-renowned seed banks are overseas in the Netherlands, the UK, Spain, and other countries where cannabis laws are less restricted, and in recent times, quality seeds banks have popped in legal states in the US. Seed banks provide seeds from a variety of different breeders.
In states with adult-use legalization or a medical marijuana program, you can buy seeds within your own state, either at a dispensary or through a specific seed company’s website.
Can you buy cannabis seeds online?
Before you purchase seeds online, you’ll need to figure out what strain you want to grow and what breeder you want to buy from.
Because US federal law still technically prohibits cannabis (see update on laws that affect buying weed seeds, above), it can be hard to find information on seed banks and breeders. Breeders who have a long history and positive reputation are usually a good place to start.
Check out our explainer and buying guide to cannabis seed banks for more info on buying seeds.
To get an idea of what well-established breeders look like, check out:
You can also do some research and find an online grow journal that details the whole growing process of a specific strain from a particular breeder. Through these, you’ll be able to look over another grower’s specific notes and see pictures of the final results.
If you grow some seeds and like the results, try growing another strain from that same breeder and see how it goes.
Do dispensaries sell cannabis seeds?
Some dispensaries in medical and adult-use states sell seeds, but not all. Be sure to check or call ahead to see if they sell seeds. Buying marijuana seeds at the dispensary is far more straightforward, however, your options will be more limited than shopping online.
Dispensary staff should be able to give you information on the seeds they’re selling, but keep in mind that a lot of dispensaries focus on selling flower and consumable products. It’s a good idea to call ahead and talk to staff to see if they are knowledgeable about seeds and can give you specific information on growing.
How to look for quality genetics when buying marijuana seeds
Breeders talk about “unstable genetics,” meaning that a seed’s origin is unknown. Make sure that when you buy a packet of seeds that it or the breeder who produced them can list where the seeds came from and how they were crossed and/or backcrossed to get the seed that you hold in your hand. If you can’t get a seed’s history, it could be anything and the result of poor breeding practices.
An inexperienced breeder might cross a male and a female one time and sell the resulting seeds as a new hybrid strain, but professional breeders usually put their strains through several rounds of backcrossing to stabilize genetics and ensure consistent plants that reflect those genetics.
Which marijuana strain should I grow?
Even one weed plant can produce a lot of buds come harvest time, so make sure you grow a strain you like. Note strains you enjoy when you pick something up at the dispensary or smoke with friends, and look for seeds of it when you want to start growing.
Some strains are easier to grow than others because they are more resistant to mold and pests, so if you’re new to growing, you may want to try an easier strain to start.
Some strains also take longer to grow than others. Depending on whether you’re growing indoors or outdoors, you may want to grow a quick-finishing marijuana strain if you live in a climate that gets cold and wet early in the season. For example, indicas are known for having a shorter flowering time than sativas.
Check out our lists of different marijuana strains to choose a strain to grow.
What’s the difference between regular, feminized, and autoflower seeds?
Regular cannabis seeds
If you buy a packet of regular seeds, they’ll come with a mix of males and females. A lot of cultivators prefer to grow these because they haven’t been backcrossed—essentially inbred—as much as feminized or autoflower seeds.
You’ll need to sex out the seeds once their reproductive organs show during the flowering phase and discard the males—because they don’t produce buds and will pollenate females, resulting in seeded bud.
What are feminized cannabis seeds?
Seeds can come feminized, meaning you can just put them in soil and start growing for buds. These seeds are guaranteed to be bud-producing females and growing them cuts out the step of having to sex out plants and discard the males.
It also reduces the risk of having a stray male sneak into your crop—just one male can pollinate a huge crop, causing your females to focus their energies on producing seeds instead of buds.
What are autoflower cannabis seeds?
Autoflower plants change from the vegetative to flowering state with age, not the changing of their light cycle. They have a short grow-to-harvest time and can be ready to harvest in as little as 2 ½ to 3 months from when you put the seeds in the ground.
The downside is that, typically, they are less potent, but autoflower seeds are great for people who want to grow cannabis but don’t want to spend a lot of time doing it.
How much do marijuana seeds cost?
Cannabis seeds usually come in a pack of 10 or 12 seeds and start at around $40 a pack and go up from there. Some high-end genetics can run between $200 to $500 a pack.
Feminized and autoflower seeds will cost more because more breeding work was put in to create them, and they take less time for the grower to get buds.
How many cannabis seeds should I buy? Are they all going to survive?
When you grow any amount of seeds, a percentage of them won’t germinate, even if you get them from a reputable breeder. Always count on a few not germinating or dying off, or roughly 1/4 of the total you put in the ground.
When growing regular seeds, some won’t germinate and some will have to be discarded because they’ll turn out to be males. With feminized seeds, some won’t germinate, but a higher percentage of them will turn into flowering plants because there won’t be any males.
If you want six total cannabis plants to harvest for buds and are growing from regular seeds, start with about 9 or 10 seeds. Some won’t germinate and some will turn out to be males, and then you’ll want to discard down to the six best phenotypes.
If growing feminized seeds, you can probably start with a couple more seeds, 7 or 8. A couple won’t germinate, and then discard down to the six best phenotypes.
Make sure to always stay within your state’s legal limit of growing plants.
How do I buy strain-specific cannabis seeds?
Strains like Blue Dream, Gelato, and Original Glue have gained in popularity in recent years. Check out these resources on how to buy these types of cannabis seeds:
Cannabis seed buying FAQ
What is the difference between male and female marijuana seeds?
Gender in a cannabis plant can’t be determined from looking at the seed; the seed has to sprout and mature in order to determine the sex of a plant. Only females produce buds, whereas male plants produce pollen.
Why do you have to germinate seeds first?
Germination is the first essential phase of a cannabis plant’s life, when it first sprouts and grows leaves. Growers looking to bypass seeds and germination can start from a cannabis clone.
What’s the best way to store cannabis seeds?
Store seeds in a dry, airtight container, so moisture can’t get in. If storing for a long time, keep them in a fridge or freezer.
Will customs confiscate my cannabis seeds?
Despite the DEA’s letter from April 2022, cannabis seeds are technically still illegal and will be confiscated if found on a person or in the mail.